Barnett v. Eaton

Citations

• 62 Miss. 768

Syllabus

<p>Verdict. Vitiated by illegal interference of bailiff. Testimony of jurors. Motion for new trial.</p> <p>Where the defendant, against whom a verdict has been rendered in a civil action, upon a motion for a new trial shows by the testimony of several of the jurors that the bailiff who attended the jury diverted their attention from the case by talking garrulously of matters foreign thereto, and took part in their deliberations as if a member of the jury, and, by the affidavit of another juror, that the bailiff was the partisan of the plaintiff the verdict should be set aside and a new trial granted, notwithstanding the fact that the plaintiff had no connection with the illegal conduct of the officer.</p>